Ukraine

Ukraine anti-corruption project

In November 2014 in line with the Memorandum of Understanding (MOU) between the OECD and Ukraine, the OECD launched a country-specific project to support Ukraine in its anti-corruption agenda. The project aims to strengthen legal and institutional capacity to effectively detect, investigate and prosecute high-profile and complex corruption in Ukraine. Specifically:

to provide tailor-made assistance to the Ukrainian authorities for the establishing of the National Anti-Corruption Bureau

to provide capacity building assistance to the specialised unit within the General Prosecutor’s Office that will work with the National Anti-Corruption Bureau to ensure effective detection and investigation of corruption cases

to develop a joint training programme on selected aspects of detection, investigation, prosecution and adjudication of complex corruption cases, including financial investigations, for law enforcement and judicial bodies

to help guide Ukraine towards a closer compliance with OECD standards on foreign bribery with the focus on liability of legal persons for corruption offences, confiscation, international cooperation and asset recovery.

Training on financial investigations for law enforcement practitioners

5-9 February 2018 - Lviv, Ukraine

The OECD, in cooperation with the Bureau of International Narcotics and Law Enforcement Affairs of the US State Department and the US Department of Justice organized a five-day training for analysts and detectives of the National Anti-Corruption Bureau of Ukraine (NABU) and prosecutors of the Special Anti-Corruption Prosecutor’s Office (SAP). The training took place on 5-9 February 2018 in Lviv, Ukraine and it was sponsored by the US Bureau of International Narcotics and Law Enforcement Affairs.

The training was conducted through several interactive activities, including mini-lectures, psychological exercises, discussions, group work, and joint sessions. The main exercise was the investigation of a hypothetical case, where the participants had to put together an investigation plan and work together to collect evidence and prepare schemes of crimes. The lecturers included experts from Ukraine and the United States.

The training covered, among others, the following topics:

Cooperation between law enforcement agencies and Financial Intelligence Units;

Qualification of corruption offences;

Role of detectives and prosecutors at the start of an investigation;

Analysis of assets declarations of public officials and bank records;

International cooperation in corruption cases;

Corruption in public procurement;

Corruption risks in the activities of state-owned enterprises;

International financial operations and use of offshore criminal schemes; and

Cooperation with investigative journalists.

Training workshop on financial investigations for law enforcement practitioners

20-24 March 2017 - Kyiv, Ukraine

In cooperation with the United States Embassy in Ukraine, the OECD Anti-Corruption Project for Ukraine conducted a training workshop on financial investigations for law enforcement practitioners of the National Anti-Corruption Bureau of Ukraine (NABU) and the Special Anti-Corruption Prosecutor's Office of Ukraine (SAP).

The workshop provided an opportunity for analysts, detectives and prosecutors to investigate a hypothetical high-profile corruption case, as well as benefit from a number of lectures delivered by prominent Ukrainian and international experts.

Key issues and challenges addressed include:

cooperation with FIUs;

developing an investigation plan;

the role of detectives and prosecutors at the early stages of an investigation;

analysing asset declarations of public officials and bank information;

cooperation between investigative journalists and law enforcement officials;

obtaining information from public registers;

drafting requests for mutual legal assistance;

international financial transactions; and

the use of offshore companies in criminal schemes.

Roundtable discussion: Abuse of powers by law enforcement agencies in their relations with business

1 July 2016 - Kyiv, Ukraine

In January 2016, the Business Ombudsman Council produced a systemic report entitled 'Abuse of Powers by the Law Enforcement Authorities in their Relations with Business'. The Report is based on the Council's practice of handling business complaints filed to challenge various abuses committed by the pre-trial investigation authorities and public prosecutor's bodies, and includes a number of recommendations aimed at addressing the issue.

In response and within the framework of the OECD's support to the Business Ombudsman Council in Ukraine, the OECD organised an expert roundtable to discuss the findings of the Council's report.

The roundtable brought together some of the most prominent criminal justice experts in Ukraine and participants exchanged ideas and discussed the recommendations made in the report. A significant number of the report’s recommendations suggest amendments to current Ukrainian legislation. However, many of the experts present at the roundtable believe the problem lies with practical implementation of the legislation.

With the assistance of the OECD and based on the outcomes of the roundtable discussion, the Business Ombudsman Council Office will develop an action plan to implement the report's recommendations.

Liability of legal persons for corruption offences has been identified as one of the most challenging concepts for Ukraine’s law enforcement to implement. In response, a review of the current legislative framework and development of guidelines on practical enforcement is being undertaken as part of the OECD Anti-Corruption Project for Ukraine. The launch workshop brought together Ukrainian criminal justice practitioners, including investigators, prosecutors and judges. Participants discussed challenges and obstacles, identified solutions to overcome them and developed an informal “action plan” to help Ukrainian criminal justice practitioners effectively apply current legislation.

Ukraine in the Istanbul Anti-Corruption Action Plan

Ukraine participates in Istanbul Anti-Corruption Action Plan, a sub-regional peer review programme which supports anti-corruption reforms through country reviews and continuous monitoring of implementation of recommendations: